By now, this morning's oral argument in Viva! International Voice for Animals v. Adidas Promotional Retail Operations, no. S140064, has concluded. In this case, the Supreme Court will address this issue: "Does the doctrine of conflict preemption preclude California from prohibiting importation and trade of wildlife that have been delisted under the federal Endangered Species Act and thus are not currently regulated by federal law?" The underlying action alleged a UCL claim, and the plaintiff's standing post-Prop. 64 was also challenged at the intermediate appellate level. My original posts on this case are here and here. The Court of Appeal's opinion is Viva! Int'l Voice for Animals v. Adidas Promotional Retail Operations, Inc., 134 Cal.App.4th 133 (2005) (First Appellate District, Division One) (review granted).
If you happened to attend this morning's argument and would like to send me a report for posting here, please drop me a line at email@example.com.